Abstract
Wengler indicates that the substantial relationship test will be applied to both benign and invidious gender classifications. The Court has rejected what appeared to be a result orientation that enabled it to characterize a gender classification as benign or invidious and hold it constitutional or unconstitutional on that basis. With symmetry established in the level of scrutiny, the Court has left little room for manipulating results-except to the extent it recognizes new important governmental purposes to support a substantially related classification-and has, consequently, given increased predictability to future consideration of gender-based discrimination cases.
Recommended Citation
Walker, Rosalie E.
(1981)
"Wengler v. Druggists Mutual Insurance
Co.-However the Discrimination Is
Described, If Gender-Based, the Substantial
Relationship Test Applies,"
Utah Law Review: Vol. 1981:
No.
2, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol1981/iss2/7